SB 239 — AN ACT relating to the recruitment and retention of medical professionals and declaring an emergency.

UNOFFICIAL COPY 24 RS BRSB 2168239/GA AN ACT relating to the recruitment and retention of medical professionals and declaring an emergency.

and WHEREAS, neighboring states have provided comprehensive protections for rights of conscience in the practice of medicine since 1977,as andearly haveas provided1977; comprehensive protections for rights of conscience in the practice of medicine since 2021;

and WHEREAS, the federal Emergency Medical Treatment and Active Labor Act requires treatment for emergency medical conditions, and only nonemergency medical Page 1 of 8 XXXX 2/20/2024 11:55 AM Jacketed UNOFFICIAL COPY 24 RS BR 2168 services can be declined for reasons of conscience;

Page 1 of 8 SB023910.100 - 2168 - XXXX 3/21/2024 4:33 PM GA UNOFFICIAL COPY 24 RS SB 239/GA NOW, THEREFORE, Be it enacted by the General Assembly of the Commonwealth of Kentucky:

andor (2) Conduct examinations and collect evidence set forth in federal law governing sexual assault crimes.

(b) A violation of any standard of care or other ethical guidelines for the Page 2 of 8 XXXX 2/20/2024 11:55 AM Jacketed UNOFFICIAL COPY 24 RS BR 2168 provision of any healthmedical care service;

or Page 2 of 8 SB023910.100 - 2168 - XXXX 3/21/2024 4:33 PM GA UNOFFICIAL COPY 24 RS SB 239/GA (c) Gross mismanagement, a gross waste of funds, an abuse of authority, practices or methods of treatment that may put patient health at risk, or a substantial and specific danger to public health or safety;

(3) "Discrimination" means any adverse action taken against, or any threat of adverse action communicated to, a medical practitioner, health care institution, or health care payer as a result of his, her, or its decision to decline to participate in a healthmedical care service on the basis of conscience.

Page(o) 3Impediments ofto 8acquiring, XXXXassociating 2/20/2024with, 11:55or AMmerging Jacketedwith UNOFFICIALany COPYother 24Page RS3 BRof 8 SB023910.100 - 2168 (o)- ImpedimentsXXXX to3/21/2024 acquiring,4:33 associatingPM with,GA orUNOFFICIAL mergingCOPY with24 anyRS otherSB 239/GA health care institution or payer;

(4) "Health care institution" means any public or private hospital, clinic, medical center, professional association, ambulatory surgical center, private physician's office, pharmacy, nursing home, medical school, nursing school, medical training facility, or any other entity or location in which healthmedical care services are performed on behalf of any person.

"Health care institutions" includes but is not limited to organizations, corporations, partnerships, associations, agencies, networks, sole proprietorships, joint ventures, or any other entity that provides healthmedical care services;

(5) "Health"Medical carepractitioner" payer" means any employer,person health care plan, health maintenance organization, insurance company, management services organization, or anyindividual otherwho entitymay thatbe pays for or arrangesis forasked the payment of any health care service provided to anyparticipate patient, whether that payment is made in wholea ormedical inservice. part;

(6)"Medical "Healthpractitioner" careincludes service"but meansis not limited to doctors, nurses, practitioners, physician's assistants, nurses, nurse's aides, allied health professionals, medical careassistants, providedhospital toemployees, anyclinic patientemployees, atnursing anyhome timeemployees, overpharmacists, thepharmacy entiretechnicians courseand ofemployees, treatmentmedical orschool faculty and students, nursing faculty and students, psychology and counseling faculty and students, medical research,researchers, includinglaboratory buttechnicians, notcounselors, limitedsocial to:workers, or any other person who facilitates or participates in the provision of health care to any person;

(6) "Medical service" means medical care provided to any patient at any time over the entire course of treatment or medical research, including but not limited to:

Page 4 of 8 SB023910.100 - 2168 - XXXX 3/21/2024 4:33 PM GA UNOFFICIAL COPY 24 RS SB 239/GA (d) Dispensing or administering any drug, medication, or device;

(f) RecordRecordkeeping making procedures;

Page 4 of 8 XXXX 2/20/2024 11:55 AM Jacketed UNOFFICIAL COPY 24 RS BR 2168 (g) Notes related to treatments;

(7) "Medical"Participate practitioner"in a medical service" means anyto personprovide, orperform, individualassist whowith, mayfacilitate, berefer for, counsel for, consult with regard to, admit for the purposes of providing, or istake askedpart toin participateany way in aproviding, healthany caremedical service.service or any form of such a service;

"Medicaland practitioner"(8) includes"Regulated buthealthcare isentity" notmeans limitedany tomedical doctors,practitioner, nurses,health practitioners,care physician'sinstitution, assistants,or nurses, nurse's aides, allied health professionals,care medicalpayer assistants,that hospitalis employees,certified, clinicauthorized, employees,or nursinglicensed homeby employees,the pharmacists,Commonwealth pharmacyof techniciansKentucky, andor employees,that medicalreceives school faculty and students, nursing faculty and students, psychology and counseling faculty and students, medical researchers, laboratory technicians, counselors, social workers, or any otherform personof whostate facilitatesfunding or participatesstate ininsurance thereimbursement. provision of health care to any person;

(8) "Participate in a health care service" means to provide, perform, assist with, facilitate, refer for, counsel for, consult with regard to, admit for the purposes of providing, or take part in any way in providing, any health care service or any form of such a service;

(9) "Pay" or "payment" means to reimburse, renumerate, pay for, contract for, arrange for the payment of, whether in whole or in part;

and (10) "Regulated healthcare entity" means any medical practitioner, health care institution, or health care payer that is certified, authorized, or licensed by the Commonwealth of Kentucky, or that receives any form of state funding or state insurance reimbursement.

A NEW SECTION OF KRS CHAPTER 344 IS CREATED TO Page 5 of 8 XXXX 2/20/2024 11:55 AM Jacketed UNOFFICIAL COPY 24 RS BR 2168 READ AS FOLLOWS:

(1) A medical practitioner,practitioner health care institution, or health care payerinstitution shall have the right to not participate in or pay for any healthmedical care service which violates his, her, or its conscience.

(2) A medical practitioner,practitioner health care institution, or health care payerinstitution shall not be liable civilly, criminally, or administratively for exercising his, her, or its right of conscience Page 5 of 8 SB023910.100 - 2168 - XXXX 3/21/2024 4:33 PM GA UNOFFICIAL COPY 24 RS SB 239/GA with respect to a healthmedical care service.

(3) A medical practitioner,practitioner health care institution, or health care payerinstitution shall not be subject to discrimination in any manner by the Commonwealth, any of its political subdivisions, or any regulated health care entity as a result of his, her, or its decision to decline to participate in a healthmedical care service on the basis of conscience.

This section shall not be construed to waive or modify any duty a health care practitioner,practitioner health care institution, or health care payerinstitution may have to provide other medical procedures or services that do not violate the practitioner’s,practitioner’s institution’s, or payer’sinstitution’s conscience.

(a) Provided, caused to be provided, or is about to provide to his or her employer, the Attorney General, any agency of the Commonwealth charged with protecting health care rights of conscience, the United States Department of Health and Human Services, Office for Civil Rights, or any other federal agency charged with protecting health care rights of Page 6 of 8 XXXX 2/20/2024 11:55 AM Jacketed UNOFFICIAL COPY 24 RS BR 2168 conscience with information relating to any violation, act, or omission the medical practitioner reasonably believes to be a violation of any provision of Sections 1 to 6 of this Act;

Page 6 of 8 SB023910.100 - 2168 - XXXX 3/21/2024 4:33 PM GA UNOFFICIAL COPY 24 RS SB 239/GA (a) A violation of a relevant law, rule, or regulation;

(b) A violation of a standard of care or other ethical guideline for the provision of healthmedical care services;

or (c) Gross mismanagement, gross waste of funds, abuse of authority, practices or methods of treatment that paymay put patient health at risk, or a substantial and specific danger to public health or safety.

(1) The State Board of Medical Licensure mayshall not reprimand, sanction, deny, revoke or threaten to revoke a license, certification, or registration of a medical practitioner for engaging in speech or expressive activity that is protected by the First Amendment to the United States Constitution, unless the board demonstrates beyond a reasonable doubt that the medical practitioner’s speech was the direct cause of physical harm to a person with whom the practitioner had a practitioner-patient relationship within the three (3) years immediately preceding the incident of physical harm.

(2) The State Board of Medical Licensure shall provide a medical practitioner with any complaints it has received which may result in the revocation of the medical Page 7 of 8 XXXX 2/20/2024 11:55 AM Jacketed UNOFFICIAL COPY 24 RS BR 2168 practitioner’s license, certification, or registration within twenty-one (21) days after receipt of the complaint.

(1) Any person injured by a violation of Sections 1 to 6 of this Act shall have a civil cause of action in the Circuit Court of competent jurisdiction to enjoin further Page 7 of 8 SB023910.100 - 2168 - XXXX 3/21/2024 4:33 PM GA UNOFFICIAL COPY 24 RS SB 239/GA violations, to recover the actual damages sustained, and to recover the costs of the lawsuit and to provide any other appropriate relief, which may include reinstatement of a medical practitioner to his or her previous position, reinstatement of board certification, and relicensure of a health care institution or health care payer.

(2) If a violation is found to have occurred, the court's order or judgment shall include a reasonable attorney's fee.

(3) Any additional burden or expense on another medical practitioner, health care institution, or health care payer arising from the exercise of the right of conscience shall not be a defense to any violation of Sections 1 to 6 of this Act.

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